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Parents engaged in the family law system may be affected by a complex range of interrelated issues including domestic and family violence, mental ill-health and substance misuse. For some of those parents, domestic and family violence may adversely affect their capacity to make decisions about parenting arrangements and about the safety of themselves and their children.
Confirming earlier comparative findings, the Australian Institute of Family Studies reported in 2015 that family violence is a common experience among separated parents, with a majority of parents reporting either emotional or, to a lesser extent, physical abuse. Mothers reported experiencing either form of abuse before, during and since separation in greater proportions than fathers. In the post-separation period mothers were also more likely to report that they felt fearful, while fathers reported in greater proportions than mothers that they often felt coerced or controlled; reports in this context by mothers were substantially higher than those made by fathers. Feelings of fear, coercion and control were more commonly reported by parents who had experienced physical hurt and or/attempted unwanted sexual activity rather than emotional abuse. Research shows that by five years post separation, a minority of parents continue to face significant problems, including ongoing domestic and family violence, safety concerns, and highly conflictual or fearful inter-parental relationships. In a recent 2021 Federal Circuit and Family Court of Australia (‘FCFCA’) report it was noted that one or more parties allege DFV in 80% of family law matters, and in 74% of matters, ‘one or more parties alleged that a child had experienced family violence’ .
Further studies suggest that the prevalence of high-risk DFV in the family law system is growing. Findings from the pilot Lighthouse Project conducted from December 2020 found that ‘64% of litigants are initially screening in the high-risk category’ (i.e. they meet four or more risk factors) and this rate is reported to have increased to 66% between 2021 and 2022 . This can be contrasted with the 2015 findings of the Australian Institute of Family Studies (‘AIFS’), which noted that only 38% of matters involved four or more risk factors . However, according to the FCFCA, an increase in the frequency of administering DFV screening and differences in counting methodology may account for some of the differentiation in the rates of high-risk DFV between 2015 and 2022 .
The most commonly reported effects on day-to-day activities of experiencing domestic and family violence related to mental health, with mothers reporting a higher incidence. Significantly, for children of parents with domestic and family violence and safety concerns, a 2015 survey conducted by the Australian Institute of Family Studies showed an overall shift to spending 100% of nights with their mother, and daytime only contact with their father.
Parents engaged in the family law system may be affected by a complex range of interrelated issues including domestic and family violence, mental ill-health and substance misuse. For some of those parents, domestic and family violence may adversely affect their capacity to make decisions about parenting arrangements and about the safety of themselves and their children.
Confirming earlier comparative findings, the Australian Institute of Family Studies reported in 2015 that family violence is a common experience among separated parents, with a majority of parents reporting either emotional or, to a lesser extent, physical abuse. Mothers reported experiencing either form of abuse before, during and since separation in greater proportions than fathers. In the post-separation period mothers were also more likely to report that they felt fearful, while fathers reported in greater proportions than mothers that they often felt coerced or controlled; reports in this context by mothers were substantially higher than those made by fathers. Feelings of fear, coercion and control were more commonly reported by parents who had experienced physical hurt and or/attempted unwanted sexual activity rather than emotional abuse. Research shows that by five years post separation, a minority of parents continue to face significant problems, including ongoing domestic and family violence, safety concerns, and highly conflictual or fearful inter-parental relationships. In a recent 2021 Federal Circuit and Family Court of Australia (‘FCFCA’) report it was noted that one or more parties allege DFV in 80% of family law matters, and in 74% of matters, ‘one or more parties alleged that a child had experienced family violence’ .
Further studies suggest that the prevalence of high-risk DFV in the family law system is growing. Findings from the pilot Lighthouse Project conducted from December 2020 found that ‘64% of litigants are initially screening in the high-risk category’ (i.e. they meet four or more risk factors) and this rate is reported to have increased to 66% between 2021 and 2022 . This can be contrasted with the 2015 findings of the Australian Institute of Family Studies (‘AIFS’), which noted that only 38% of matters involved four or more risk factors . However, according to the FCFCA, an increase in the frequency of administering DFV screening and differences in counting methodology may account for some of the differentiation in the rates of high-risk DFV between 2015 and 2022 .
The most commonly reported effects on day-to-day activities of experiencing domestic and family violence related to mental health, with mothers reporting a higher incidence. Significantly, for children of parents with domestic and family violence and safety concerns, a 2015 survey conducted by the Australian Institute of Family Studies showed an overall shift to spending 100% of nights with their mother, and daytime only contact with their father.